Tuesday, July 29, 2014
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Will Board of Supes Vote to Fund Mental Health Diversion?…. & Does CA’s Medicaid Policy Doom More Mentally Ill Patients to Prison? …& Other Stories

July 29th, 2014 by Celeste Fremon


WILL THE LA COUNTY BOARD OF SUPERVISORS STEP UP ON MENTAL HEALTH DIVERSION $$$?

The LA County Board of Supervisors are scheduled to vote at Tuesday’s meeting on a motion that would allocate at least $20 million for the 2014-2015 fiscal year to mental health diversion.

The board was originally scheduled to vote last Tuesday on the motion, which was introduced by Supervisor Mark Ridley-Thomas two weeks ago.

But the vote was delayed, sources told us, because—surprisingly—it was not clear whether the matter had enough support to pass.

The fact that the motion couldn’t count on at least two votes in addition to that of Ridley-Thomas was particularly perplexing since both the county’s chief prosecutor, DA Jackie Lacey, and the man most likely to be the next LA County Sheriff, Long Beach Police chief Jim McDonnell, were unequivocal about their belief that a strong diversion program was essential and that adequately funding such a program was a necessity.

Lacey, in particular, was impassioned when she gave her strongly-worded interim report on the county’s progress in instituting a diversion plan.

“There’s….a moral question at hand in this process,” Lacey said to the supervisors. “Are we punishing people for simply being sick? Public safety should have a priority, but justice should always come first. If you are in a mental state that you hurt others, then the justice system has to do what it can to protect the public. but there are many who do not fall into that category. When we over incarcerate those…We merely act on fear and ignorance…”

McDonnell had issued his own statement the day before Lacey’s report calling on the county to “…fund and promote an effective network of treatment programs for the mentally ill which will provide them with the support, compassion and services they need to avoid our justice system.”

To WitnessLA he added, “I think what we do here will be watched carefully by other jurisdictions across the state, and really across the country.”

It was rumored that some of the supervisors were worried about the motion’s price tag, even though the proposed $20 million is a modest amount of money when compared to the $$$ now expended unnecessarily jailing—rather than treating (which costs much less)—nonviolent mentally ill inmates and then seeing a high percentage of those same inmates return time after time.

It is “the common sense solution,” wrote So Cal ACLU’s legal director, Peter Eliasberg, in his letter to the individual board members urging them to support the motion to “set aside funding so that it is available when Jackie Lacey provides her comprehensive blueprint to the board in September.”

Lacey put the matter in even stronger terms when she was interviewed for Monday’s news broadcast on Al Jazeera America. “….I am determined that we are going to lead this cause,” she said of the mental health diversion effort. “My dream is that we’ll be able to close down some wings of the jail.”

Moreover, as Eliasberg also noted, a robust program will likely go a long way to satisfy the scathing compliance letter issued in early June by the U.S. Department of Justice, which found that “…serious deficiencies in the mental health care delivery system remain and combine with inadequate supervision and deplorable environmental conditions to deprive prisoners of constitutionally-required mental health care.”

Now we await the board’s vote. Let us hope it is a wise one.


AND WHILE WE’RE ON THE SUBJECT OF THE COST/BENEFIT OF MENTAL HEALTH TREATMENT VERSUS LOCK UP….A NEW STUDY SUGGESTS STATE MEDICAID POLICIES RESULT IN MORE MENTALLY ILL GOING TO JAIL AND PRISON

According to a just-released study from USC’s Leonard D. Schaeffer Center for Health Policy and Economics, people suffering from schizophrenia are more likely to end up in prison in states like California, which have tight Medicaid policies requiring an extra, supposedly cost-cutting step in approval when deciding which antipsychotic drugs can be given a patient in need.

A story in USC News explains how this works:

Some health plans require an extra approval step before tests or treatments can be ordered for patients. This step – called prior authorization – is intended to encourage physicians to select cost-effective options by requiring justification for the selection of more expensive options. Likewise, prior authorization policies adopted by state Medicaid programs aim to reduce costs associated with some medications, especially those drugs used to treat schizophrenia. However, an unintended consequence of these policies may be that more mentally ill patients are being incarcerated, raising questions about the cost effectiveness of these formulary restrictions.

In the study published July 22 in The American Journal of Managed Care, researchers found that states—like California—requiring this prior authorization for what are termed “atypical antipsychotics” had a whopping 22 percent increase in the likelihood of imprisonment for schizophrenics and others, compared with the likelihood in a state without such a requirement.

Here’s more from USC News.

“This paper demonstrates that our policies around schizophrenia may be penny wise and pound foolish,” said Dana Goldman, director of the Schaeffer Center. “Limiting access to effective therapy may save states some Medicaid money in the short run, but the downstream consequences – including more people in prisons and more criminal activity – could be a bad deal for society.”

Yep. And, just so we’re clear, balking at the $20 million price tag to fund an adequate diversion program for LA County is also exactly that: penny wise and pound foolish.

We’re just saying.


LAPD PATROLLING CITY WITH “GHOST CARS?”

As the LAPD inspector general investigates the allegation that some high level department supervisors have been falsely inflating the reported numbers of officers on patrol under their watch, the police union—the LAPPL—which evidently flagged the practice to begin with, has confirmed that there are indeed reportedly “ghost cars” on patrol. (Here’s an LAPPL video that attributes the drop in patrols to budget cuts.)

KPPC’s Erika Aguilar has that story. Here’s a clip:

….Union officials, who submitted the complaint, refer to the patrol vehicles that are not on the street when they are reported to be as “ghost cars.”

The investigation began when union officers complained to the Los Angeles Police Commission and the inspector general about patrol officers who were supposed to be assigned to light or desk duty because of an injury or other condition but are asked to sign in to work as if they were in a patrol car.

LAPD Detective David Nunez, a delegate for the Los Angeles Police Protective League, said he complained to the police commission and the inspector general, saying it’s “unsafe for the community and the officers.”

POST SCRIPT: Allegations of similar “ghost patrols” have repeatedly surfaced among our sources in the Los Angeles Sheriff’s Department. The reports come from both the unincorporated areas of LA County and some of the contract cities.


MORE FROM THE NY TIMES ON MARIJUANA, SPECIFICALLY THE RACIAL INJUSTICE OF WEED ARRESTS

After the New York Times’ Sunday editorial calling for marijuana to be legalized, the paper has continued to make the case in a series of editorials on the matter, the newest being this one by Jesse Wagman on the shameful racial inequities in marijuana arrests and convictions.

Here’s a clip:

America’s four-decade war on drugs is responsible for many casualties, but the criminalization of marijuana has been perhaps the most destructive part of that war. The toll can be measured in dollars — billions of which are thrown away each year in the aggressive enforcement of pointless laws. It can be measured in years — whether wasted behind bars or stolen from a child who grows up fatherless. And it can be measured in lives — those damaged if not destroyed by the shockingly harsh consequences that can follow even the most minor offenses.

In October 2010, Bernard Noble, a 45-year-old trucker and father of seven with two previous nonviolent offenses, was stopped on a New Orleans street with a small amount of marijuana in his pocket. His sentence: more than 13 years.

At least he will be released. Jeff Mizanskey, a Missouri man, was arrested in December 1993, for participating (unknowingly, he said) in the purchase of a five-pound brick of marijuana. Because he had two prior nonviolent marijuana convictions, he was sentenced to life without parole.

Outrageously long sentences are only part of the story. The hundreds of thousands of people who are arrested each year but do not go to jail also suffer; their arrests stay on their records for years, crippling their prospects for jobs, loans, housing and benefits. These are disproportionately people of color, with marijuana criminalization hitting black communities the hardest.

NOTE: Blacks and whites use marijuana at comparable rates. Yet in all states but Hawaii, blacks are more likely than whites to be arrested for marijuana offenses. In California, for example, blacks are more than twice as likely as whites (2.2 times) to be arrested. In nearby Nevada, the discrepancy is double that with blacks 4.5 times as likely to be arrested than whites.

Posted in ACLU, Board of Supervisors, Community Health, District Attorney, health care, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LAPD, LAPPL, LASD, Marijuana laws, mental health, Mental Illness, race, race and class | No Comments »

It’s Official: André Birotte is the New Federal Judge in Town!

July 23rd, 2014 by Celeste Fremon


On Tuesday, in a unanimous vote of the U.S. Senate, André Birotte Jr.
was confirmed to become the newest judge of the federal District Court in Los Angeles.

The cloture vote to end debate that came earlier in the day may have been a party-line-driven 56-43. But when it came to the actual vote to confirm Birotte, partisan quarrels were put aside and the final tally was an easy 100-0.

Since 2010, André Birotte, 47, has served as the U.S. Attorney of California’s Central District, the nation’s most populous, which has the responsibility for all federal litigation in Los Angeles, Orange, Riverside, San Luis Obispo, Santa Barbara and Ventura counties.

Under Birotte’s tenure, his office oversaw a complex variety of cases that spanned issues ranging from gang violence and narcotics sales, to terrorism, public corruption, white collar crime, cyber crime, and the nether world of financial predators–and more. The cases themselves included such high profile indictments as the bribery and money laundering charges brought against California state senator Ron Calderon and his brother, former state assembly member, Thomas Calderon—and, of course, the indictments of 21 members of the Los Angeles Sheriff’s Department, who were charged as part of a still ongoing federal investigation into brutality and corruption inside the nation’s fourth largest law enforcement agency.

Among his other accomplishments as the U.S. Attorney, Birotte reinstated the district’s public corruption and civil rights sections, which had been disbanded. He also instituted an unusual amount of outreach into the various communities his office served.

“We have to be willing to listen to the community,” he said a few months into his first year as U.S.A.. “So we’re going to do outreach like never before.”

Birotte also repeated often that his office must be justice driven. “Firm but fair,” he said. “But more than anything, justice-driven. It’s not just about winning.”

The son of Haitian immigrants, after graduating from Tufts University in 1987 with a degree in psychology, followed by Pepperdine University School of Law four years later, Birotte began his legal career in Los Angeles as a deputy public defender. In 1995, he moved to the prosecutorial side of things as an assistant U.S. Attorney in the same Central District office he now heads.

In May 2003, the Los Angeles Police Commission unanimously selected Birotte to serve as the LAPD’s Inspector General after a nationwide search. His selection came at a time when the department was reeling disastrously from the aftermath of the Rampart scandal and struggling to figure out how to redefine and reform itself within the confines of a federal consent decree. Birotte is generally acknowledged as an important part of that reform.

While he was still serving as LAPD IG, Birotte was nominated for the job of U.S. Attorney by President Barack Obama, in December 2009, after being recommended for the four-year term by Senator Dianne Feinstein following a selection process by a bipartisan advisory committee created by Feinstein..

“As Inspector General of the Los Angeles Police Commission, André has managed to earn the enthusiastic support of both the police officers he is charged with investigating, and the community organizations that often raise concerns regarding police behavior,” Feinstein wrote regarding Birotte’s nomination. “This ability to command respect from all sides bodes well for his nomination to lead federal law enforcement efforts in the communities of the Central District.”

Indeed, and those same qualities bode well for André Birotte’s soon-to-begin tenure as LA’s newest federal judge.

Birotte will replace Judge Gary Feess who is taking senior status.


POSTSCRIPT: By summer’s end, Senator Dianne Feinstein is is likely to send a recommendation to President Obama for a nominee to replace Birotte as U.S. Attorney.

There is much speculation what effect the appointment of a new U.S. Attorney will have on such high profile cases as the continuing investigation of the Los Angeles Sheriff’s Department.

So stay tuned.

Posted in Courts, Inspector General, LAPD, LAPPL, LASD, U.S. Attorney | 5 Comments »

Report Criticizes FBI Delay in Revealing Flawed Forensics…US Magistrate Calls for Drug Case Dismissal Citing Misconduct….DA’s Office Charges LAPD Officer with Assault….and More

July 18th, 2014 by Taylor Walker

OIG REPORT SLAMS FBI OVER FAILURE TO DISCLOSE FAULTY LAB WORK IN 60 DEATH ROW CASES (AND MORE)

On Wednesay, the FBI’s Office of Inspector General issued a report exposing the FBI’s failure to expeditiously review potentially flawed forensic work affecting thousands of cases, including the cases of more than 60 death row defendants, and at least three people who have since been exonerated.

Back in 1997, an OIG investigation uncovered flawed forensic work done by 13 crime lab examiners. According to the new report, it took the FBI more than 5 years to identify the death row inmates whose cases needed reexamination. One of the three defendants put to death would have been ineligible for the death penalty if not for the flawed lab work.

The report said the FBI’s foot-dragging caused “irreversible harm” and urged the department to notify the approximately 2,900 people whose cases were re-examined.

Washington Post’s Spencer Hsu has more on the report. Here are some clips:

The report said the FBI took more than five years to identify more than 60 death-row defendants whose cases had been handled by 13 lab examiners whose work had been criticized in a 1997 inspector-general investigation.

As a result, state authorities could not consider whether to stay sentences, and three men were put to death. One of those defendants, who was executed in Texas in 1997, would not have been eligible for the death penalty without the FBI’s flawed work, the report said.

“Failures of this nature undermine the integrity of the United States’ system of justice and the public’s confidence in our system,” the 146-page report stated. The failure to admit errors at the time “also injured the reputation of the FBI and the Department.”

[SNIP]

As of October, the 26 surviving death-row inmates whose cases were included in the review had all been notified that their convictions had been re-examined, Steele said. The inspector general had recommended the notifications and retesting of evidence in 24 death-row cases in which the defendant was deceased.

The inspector general’s office said the department should notify all 2,900 defendants whose cases were reviewed by the task force, starting with 402 defendants whose cases were so problematic that the task force obtained a fresh scientific review. Their names were made public Wednesday for the first time.

The report said that even more defendants’ cases should have been reviewed but were omitted for inappropriate reasons, and the scope of errors never would be known. For many defendants, it said, “delays were very prejudicial and, for some, they caused irreversible harm.”


US MAGISTRATE URGES DISMISSAL OF DRUG CHARGES AFTER AGENT ALLEGEDLY FALSIFIES REPORT AND MANUFACTURES CRIME

On Tuesday, U.S. Magistrate Judge Cam Ferenbach called for the dismissal of drug trafficking charges against Jeremy Halgat, a former member of the Vagos motorcycle gang, citing alleged misconduct by the lead undercover agent in the investigation.

Ferenbach says that during “Operation Pure Luck” (a joint-investigation by the Bureau of Alcohol Tobacco and Firearms, the Las Vegas Police, and the LASD), Agostino Brancato, an LASD officer deputized by ATF, falsified a drug transaction report and “manufactured crime” by coercing an unwilling Halgat to traffic drugs—all allegedly with Brancato’s ATF supervisor’s knowledge.

The Las Vegas Review Journal’s Jeff German has the story. Here are some clips:

In a rare decision late Tuesday, U.S. Magistrate Judge Cam Ferenbach criticized Agostino Brancato, a deputized agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, for manufacturing the cocaine case against Jeremy Halgat, though Halgat had no criminal record and repeatedly told the agent in secretly recorded conversations that he did not want to traffic in drugs.

“The problem is that the government’s investigation deployed techniques that generated a wholly new crime for the sake of pressing criminal charges against Halgat,” Ferenbach wrote in his 34-page decision.

Ferenbach also said that despite Brancato’s denial, “there is no doubt” he “falsified” a report of one of the alleged drug transactions and that supervisors of his ATF-led task force “did not dissuade him” from doing it.

“This is distressing,” Ferenbach said. “Can the court rely on the chain of custody of evidence that the government will proffer against Halgat at trial? Did Brancato’s supervisors permit other falsifications?”

[SNIP]

Brancato was the lead undercover agent in “Operation Pure Luck,” a three-year joint investigation led by the ATF into drug and illegal weapons dealing by members of motorcycle gangs, including the Vagos. Las Vegas police, North Las Vegas police and the Los Angeles County Sheriff’s Department were part of the task force.

The investigation launched in April 2010 with the secret help of a Vagos gang member, and two years later Brancato, a Los Angeles County sheriff’s deputy deputized by the ATF, became a full-fledged member of the Vagos club while working undercover.

[SNIP]

In his decision, Ferenbach said Halgat “was not eager to participate in Brancato’s scheme in any capacity.” Halgat, he explained, had used cocaine and dealt drugs in the past but had “repudiated” those activities.

“His willingness to traffic in drugs only re-emerged after ATF injected itself into Halgat’s life and repeatedly solicited his services,” Ferenbach wrote.

Brancato also was unable to get Halgat to sell him illegal firearms, according to the magistrate.

Ferenbach said he was troubled that the “ATF had investigated Halgat for three years, found no contraband after executing two search warrants and indicted him for a crime designed and initiated by the ATF.”


LAPD OFFICER BEAT MAN ON HIS KNEES, ALLEGES DA’S OFFICE

On Wednesday, LA County District Attorney’s Office charged LAPD officer Jonathan Lai with “assault by a police officer and assault with a deadly weapon” for using his baton to beat a man who was kneeling with his hands on his head. A video of the incident was captured by a restaurant’s security camera. If convicted, Lai faces four years behind bars.

LA Weekly’s Dennis Romero has the story. Here’s a clip:

The cop, identified as 30-year-old Jonathan Lai, pleaded not guilty today to “one count each of assault by a police officer and assault with a deadly weapon,” the D.A.’s office stated.

The case is unusual in that it’s rare for the District Attorney’s office, which has to work closely with police to prosecute suspects, to charge a cop for an incident involving on-duty use of force:

This prosecution signals the continued willingness on the part of elected D.A. Jackie Lacey to go after LAPD officers despite their collective political power in the city.

However, the D.A.’s office says the department actually investigated the case, apparently before bringing it to prosecutors.


LA COUNTY SUPERVISOR CANDIDATE SHEILA KUEHL ON CHILD WELFARE AND JUVENILE JUSTICE

Among the major challenges that will face the two new LA County Supervisors to be elected this November, is how best to implement recommendations made by the Blue Ribbon Commission on Child Protection, in order to reform LA’s broken Department of Children and Family Services.

With this in mind, the Chronicle of Social Change’s Jeremy Loudenback interviewed one of the candidates for Supe Zev Yaroslavsky’s seat, Sheila Kuehl (who is running against Bobby Shriver), to probe her vision for a better child welfare system.

Kuehl’s sister is a juvenile dependency court judge in Sacramento. Because of this, Kuehl says has a deep understanding of the child welfare system. She says that the additional 450 social workers hired this year are a step in the right direction, but that more must be hired. She wants caseloads to be reduced to a maximum of 20 per social worker.

Here are some clips from Loudenback’s interview with Kuehl:

“You will see paper files stacked up five feet on the floor, on the desks, on the chairs,” Kuehl said in an interview. “We have a huge caseload in the courts in family law and juvenile courts, which very seriously reduces judges’ ability to make timely decisions, especially about very young children and to be able to assess if the placement found by the social worker is adequate.”

Kuehl is hoping that she will be tapped to help find lasting solutions for the courts and other persistent challenges to the child welfare system like the sky-high caseloads faced by social workers, the large number of juvenile justice-involved foster youth and locating sufficient funding.

[SNIP]

One hurdle the new Board of Supervisors will have to contend with are the elevated caseloads faced by county social workers. Kuehl says that providing resources to social workers and other employees in the child welfare system are among the most pressing issues identified in the Blue Ribbon Commission Report. The 450 new social workers hired this year are not nearly enough to deal with a critical need.

“In my opinion that’s still inadequate to keep track of all these children and really assess whether or not they’re safe from month to month,” Kuehl said. “ I would like to see the caseload be decreased to no more than 20 cases per social worker. In terms of how social workers we would need to add, I’m not sure I have the answer to that.”

A former family law attorney, Kuehl would also like to implement provisions to improve outcomes for two vulnerable populations: the many youth who are represented in both the foster care and juvenile justice systems and older foster who are aging out of the system.

She hopes the county will experiment more with a Missouri model of juvenile justice that stresses lower caseloads for prison workers while providing greater therapeutic and educational opportunities for youth. And an expansion of transition planning for youth for aging out of the system could offer more to many foster youth who struggle with homelessness after leaving foster care.

Posted in FBI, Foster Care, Inspector General, LA County Board of Supervisors, LAPD, LASD | 19 Comments »

Childhood Trauma Often Mistaken for ADHD….The Feds Officially to Retry Sexton…..The Question of Charlie Beck’s 2nd Term…NY Wants to Raise Age of Criminal Responsibility

July 8th, 2014 by Celeste Fremon


HOW CHILDHOOD TRAUMA IS OFTEN MISTAKEN FOR ADHD

One in nine U.S. Children are diagnosed with ADHD—attention deficit/hyperactivity disorder. There have been many theories as to the reason for this consistent rise in the prevalence of the disorder. Now researchers are beginning to wonder if perhaps inattentive, hyperactive, and impulsive behavior is often not ADHD at all, but a mirror of the effects of trauma and stress—a form of PTSD—that is misdiagnosed when pediatricians, psychiatrists, and psychologists are simply going for the familiar label rather than seeing the true underlying cause.

Rebecca Ruiz delves into the issue in a story that has been co-published by The Atlantic and Aces Too High. It’s a must read.

Here’s a clip:

Dr. Nicole Brown’s quest to understand her misbehaving pediatric patients began with a hunch.

Brown was completing her residency at Johns Hopkins Hospital in Baltimore, when she realized that many of her low-income patients had been diagnosed with attention deficit/hyperactivity disorder (ADHD).

These children lived in households and neighborhoods where violence and relentless stress prevailed. Their parents found them hard to manage and teachers described them as disruptive or inattentive. Brown knew these behaviors as classic symptoms of ADHD, a brain disorder characterized by impulsivity, hyperactivity, and an inability to focus.

When Brown looked closely, though, she saw something else: trauma. Hyper-vigilance and dissociation, for example, could be mistaken for inattention. Impulsivity might be brought on by a stress response in overdrive.

“Despite our best efforts in referring them to behavioral therapy and starting them on stimulants, it was hard to get the symptoms under control,” she said of treating her patients according to guidelines for ADHD. “I began hypothesizing that perhaps a lot of what we were seeing was more externalizing behavior as a result of family dysfunction or other traumatic experience.”

[SNIP]

Dr. Kate Szymanski came to the same conclusion a few years ago. An associate professor at Adelphi University’s Derner Institute and an expert in trauma, Szymanski analyzed data from a children’s psychiatric hospital in New York. A majority of the 63 patients in her sample had been physically abused and lived in foster homes. On average, they reported three traumas in their short lives. Yet, only eight percent of the children had received a diagnosis of post-traumatic stress disorder while a third had ADHD.

“I was struck by the confusion or over-eagerness–or both–to take one diagnosis over another,” Szymanski says. “To get a picture of trauma from a child is much harder than looking at behavior like impulsivity, hyperactivity. And if they cluster in a certain way, then it’s easy to go to a conclusion that it’s ADHD.”


IT’S OFFICIAL NOW: THE FEDS WILL RETRY SEXTON

In a hearing held at 3 pm Monday in front of Judge Percy Anderson, Prosecutor Brandon Fox announced that, yes, the government had decided to go another round in trying Los Angeles Sheriff’s Deputy James Sexton for obstruction of justice for his part in allegedly hiding inmate and federal informant Anthony Brown from any and all federal officials.

The trial is set to begin on September 9, 2014.

Fox also notified the judge of his intent to file a motion limiting testimony on Sexton’s contacts and cooperation with the FBI, which the prosecution reportedly believes was much of why six members of the jury in Sexton’s last trial voted to acquit him.

The defense is likely to argue that, since Sexton’s cooperation with the FBI has much to do with the mindset and context in which the deputy made incriminating statements to the grand jury, which are the heart of the prosecution’s case, the facts of Sexton’s extensive cooperation cannot be excluded.

We will know what the judge rules later this summer.

Three more federal trials of LASD department members, all of them indicted for brutality and corruption in the LA County Jails, are scheduled for the coming year, according to the US Attorney’s Office.

In a case that will come to trial November 4, 2014, Deputies Joey Aguiar and Mariano Ramirez are accused of punching, kicking and pepper spraying an inmate who was handcuffed and shackled with a waist chain, then lying about their actions in a report that, in turn, caused the inmate to be falsely criminal charged.

In a case that will come to trial January 13, 2015, deputies Bryan Brunsting and Jason Branum are charged in a six-count indictment with civil rights violations, assault and making false statements in reports. The indictment also alleges (among other things) that Brunsting, a training officer, frequently used deputies whom he was training to file reports that covered up abuse. The victims were inmates at the Twin Towers Correctional Facility.

A third jail brutality trial is scheduled for March 3. This indictment charges a sergeant and four deputies with civil rights violations, alleging that Sergeant Eric Gonzalez, and deputies Sussie Ayala, Fernando Luviano, Pantamitr Zunggeemoge, and Noel Womack, arrested or detained five victims—-including the Austrian consul general—–when they arrived to visit inmates at the Men’s Central Jail in 2010 and 2011. In one of the four incidents, the victim suffered a broken arm and a dislocated shoulder that has left him permanently disabled. In another incident, the Austrian consul general and her husband were handcuffed and detained.

The six department members convicted last week will be sentenced on September 8, 2014.

Deputy Gilbert Michel, of the phone smuggling case, will be sentenced on September 15, 2014.


AFTER BUMPY PERIOD WITH CIVILIAN BOSSES, LAPD CHIEF CHARLIE BECK IS BACK ON SOLID GROUND

It was assumed that popular LA Chief of Police Charlie Beck would easily get a second term at the job. Then this spring, the LA Police Commissioners started to express concerns about a series of controversies. Between then and now, Beck has done much to mend and strengthen relationships, and thus he seems once again back on solid footing.

He wants a second term because he has a lot more to do, he says. Now it reportedly looks as though he’s going to get one—which is as it should be. (Firm constructive criticism is one thing, however, replacing Charlie Beck at this juncture would have been, in our opinion, unnecessary and destructive.)

The LA Times Joel Rubin has the details on this story of how things got off track, and now are back on. Here are some clips:

Charlie Beck received a blunt message from one of his civilian bosses as he prepared to request a second term as chief of the Los Angeles Police Department: He was no longer a shoo-in for the job.

Police Commissioner Paula Madison demanded a meeting with Beck in April and told him she was concerned about a recent string of controversies and his apparent lack of transparency with the five-member oversight panel he reports to.

“When I stepped into this role, I didn’t expect that we would be looking for a new police chief, but now we may need to consider it,” Madison recalled telling Beck.

Other commissioners shared her concerns. Some were displeased enough with Beck that they alerted Mayor Eric Garcetti, who appoints the commissioners and wields considerable influence on their decision. The mayor, in turn, summoned the chief.

[SNIP]

Before the recent tension with his bosses, Beck had cruised relatively unscathed through his first term in a period of relative calm for the scandal-prone LAPD. Beck established himself as a capable leader and oversaw continued declines in crime, according to department statistics.

He guided the department through budget cuts that included the near elimination of cash to pay officers for overtime. As many of the department’s roughly 10,000 officers accumulated hundreds of hours of unpaid overtime, Beck oversaw a plan that forced large numbers of them to take time off each month in lieu of being paid cash. The strategy strained resources as Beck and his commanders scrambled to make do with a depleted force.

Beck, when he thought it was necessary, did not shy from confrontations with his officers and the union that represents them.

[SNIP]

Decisions Beck made on discipline set off his recent clash with the commission. In February, he opted not to punish a group of officers involved in a flawed shooting, which drew a public challenge from Soboroff. A few weeks later, members of the oversight board, along with many officers, criticized the chief for not firing Shaun Hillmann, a well-connected cop who was caught making racist comments.

Those controversies were followed the next month by revelations that officers in South L.A. had been tampering with recording equipment in patrol cars to avoid being monitored. Commissioners demanded to know why Beck had left them in the dark about the matter and questioned whether the chief was committed to working with his civilian bosses….

Read on.


NEW YORK GOVERNOR DETERMINED TO RAISE THE AGE OF CRIMINAL RESPONSIBILITY

Supporters of raising the age of criminal responsibility in New York have science and statistics on their side when it comes to the reasons to avoid trying most youth as adults, but will they manage to get legislation passed to actually raise the age?

Roxanna Asgarian from the Juvenile Justice Information Exchange explores the pros and cons of raising the age in New York.

Here’s a clip:

In April, Gov. Andrew Cuomo announced the members of the Commission on Youth, Public Safety and Justice, created in part to address raising the age of criminal responsibility. Today, New York and North Carolina are the only two states where young people 16 and older are automatically treated as adults.

“Our juvenile justice laws are outdated,” Cuomo said in his State of the State address this year. “It’s not right, it’s not fair — we must raise the age.”

The commission is tasked with serving up concrete recommendations about raising the age and juvenile justice reform by December. Alphonso David, the governor’s deputy secretary of civil rights, said the commission has to strike a balance.

“When we think about criminal justice reform we are addressing two platforms: reducing recidivism and ensuring public safety,” David said. “We are very focused on advancing both objectives, so recommendations would likely factor in both goals.”

Posted in Charlie Beck, FBI, juvenile justice, LA County Jail, LAPD, LASD, PTSD, Sheriff Lee Baca, Trauma, U.S. Attorney | 2 Comments »

Peace Officer Unions Back McDonnell for Sheriff….CA Kids May Face Mandatory Minimums….State Starting Early Release of Elderly and Sick Inmates…and More

June 17th, 2014 by Taylor Walker

GROUP OF LAW ENFORCEMENT UNIONS TO ANNOUNCE SUPPORT OF JIM MCDONNELL FOR LA SHERIFF

Today, a number of law enforcement unions will be announcing their unified endorsement of Long Beach Police Chief Jim McDonnell for the office of Sheriff of LA County. Representatives from the Association for Los Angeles Deputy Sheriffs (ALADS), the LA County Professional Peace Officer Association (PPOA), Probation Officers, AFSCME Local 685, the Los Angeles Police Protective League (LAPPL), and the Long Beach Police Officers Association will gather at a press conference at 10:30a.m., at the ALADS offices in Monterey Park.

PPOA announced their endorsement last Thursday afternoon, and many were waiting to see what ALADS would do, as both PPOA and ALADS had declined to endorse anyone during the primary election. A source close to the unions said that the LAPPL and the Long Beach Police Officers Association had been interested in endorsing McDonnell during the primary, but due to something called “the hometown rule” they had to wait until the unions to which LASD personnel belong (ALADS and PPOA) made their moves.

Thus far, no one has announced that they will be giving money along with their endorsement, but that may (or may not) come later.


CALIFORNIA BILL WOULD INFLICT HARMFUL NEW MANDATORY MINIMUMS ON KIDS IN THE JUVENILE JUSTICE SYSTEM

A California bill that would impose the first ever mandatory minimum sentences in the state’s juvenile justice system, SB 838, is currently making its way through California legislature. The bill, authored by Senator Jim Beall (D-San Jose), directed at kids convicted of certain sex offenses, would eliminate judges’ discretion and ability to choose community-based rehabilitative options, and replace it with mandatory incarceration.

The California Senate has unanimously passed the bill, and today (Tuesday), the Assembly Public Safety Committee will vote on the measure. (And we at WLA will be keeping an eye on it.)

The Center on Juvenile and Criminal Justice has more on the bill (and why they are opposing it). Here’s a clip:

Mandatory minimums violate the foundational principles of the juvenile justice system. If SB 838 becomes law and introduces mandatory minimum sentences into the juvenile justice system, the consequences would be significant for California’s youth. The bill would upend a system grounded in rehabilitation — and the understanding that young people can change — and replace it with one focused on retribution and punishment for California’s most troubled and vulnerable youth.

Mandatory minimums do not prevent crime. Research on mandatory minimum sentencing schemes across the nation has failed to find evidence that they have reduced crime — but substantial evidence that they have driven the nation’s skyrocketing incarceration rates, exacerbated racial disparities in the criminal justice system, and dramatically increased the length of prison sentences. SB 838 would replicate these same failed policies for California’s youth, at great public expense.


STATE TO BEGIN EARLY RELEASE OF CERTAIN ELDERLY INMATES, TRANSFER OF SERIOUSLY ILL INMATES TO HEALTH CARE FACILITIES

The California Department of Corrections and Rehabilitation has announced the state will commence with the early release of elderly and seriously ill prisoners who meet certain requirements to either parole or nursing facilities. The move is part of the state’s ongoing efforts to comply with a federal order to ease prison overcrowding. (Backstory here.)

The LA Times’ Paige St. John has the story. Here’s a clip:

Inmates who are over 60 and have spent at least 25 years in prison will be eligible for release if they are not sentenced to death or serving life without parole sentences. Those hearings are to begin in October, board executives said.

Prisoners whose health conditions require they receive skilled nursing care will also be eligible to be moved to health care or nursing facilities — but if they recover they face a return trip to prison. Hearings under the new rules, which reflect an expansion of existing medical parole, are to begin by July 1, a board attorney said.


MENTAL HEALTH TRAINING FOR PEACE OFFICERS IS A BIG STEP, BUT NOT A CURE-ALL

Ventura County law enforcement officers have been receiving comprehensive training in how to deal with the mentally ill, and thus far, it’s making a big difference. Experts say that law enforcement mental health training offerings like Ventura County’s “Crisis Intervention Team” program can help officers prevent tense encounters with the mentally ill from escalating unnecessarily.

Currently, 72% of Ventura officers have received 40 hours of instruction in handling situations involving people with mental disorders. While this is a welcome step in the right direction, in Ventura and other counties (cough, Los Angeles, cough), often the training does not extend to jails, prisons, and other agencies where things can fall apart.

KPCC’s Stephanie O’Neill has the story. Here’s a clip:

Debbie is a Ventura County mother of a 23-year-old son diagnosed with bipolar disorder. At times his condition becomes so severe that he gets delusional and requires hospitalization.

“He doesn’t understand that he’s ill and that he needs help,” Debbie says. “He thinks he’s fine.”

Debbie, who asked that her last name be withheld for privacy reasons, says when that happens, she calls the sheriff’s department for help – as she did earlier this year. Their response, she says, was heartening.

“The police officers…were so great, because they kept telling him, ‘You’re not in trouble, we’re here to help you,’ ” she says. “So they weren’t threatening; they didn’t scare him. It stayed really, really calm.”

And that allowed the deputies to take Debbie’s son to the county psychiatric hospital for emergency observation without incident.

“As far as a bad experience goes, it was as good a bad experience as was possible in this situation,” she says.

The responding deputies included several who had received 40 hours of training in handling the mentally ill through Ventura County’s “Crisis Intervention Team” program. The training is based on a renowned model started in Memphis, Tennessee in 1988 that is now taught worldwide.

Tragedies such as the Isla Vista massacre and the Kelly Thomas case in Orange County have highlighted the need for improved training for law enforcement personnel who come into contact with the mentally ill.

So far, 72 percent of all law enforcement officers have completed the Crisis Intervention Team training in Ventura County, says Kiran Sahota, who oversees the program for the county.

“The idea is to hopefully help to deescalate and slow down the situation,” Sahota says. “And sometimes by just knowing ahead of time that (law enforcement officers) are going to be listening and spending a little extra time, it really can defuse a situation.”

But even in Ventura County, breakdowns can happen…

Read the rest.

Posted in juvenile justice, LAPD, LAPPL, LASD, law enforcement, Mental Illness, parole policy, Sentencing, Uncategorized | 29 Comments »

LAUSD Questionable Budgetary Choices…School Discipline…Mental Health in Schools…and Considering Chief Beck for 2nd Term

June 10th, 2014 by Taylor Walker

JUDGE NASH SAYS LAUSD MONEY FOR DISADVANTAGED KIDS SHOULD NOT BE SHIFTED TO SCHOOL COPS

Head LA Juvenile Court Justice Michael Nash has sent a letter to the LAUSD opposing a plan to use $13 million in funding earmarked for disadvantaged kids to beef up the school police force.

Nash’s letter says that increasing police presence on campus does not fall under the umbrella of providing better learning experiences and outcomes to kids in low-income families, foster kids, and English as a Second Language (ESL) students, which is what the money is set aside for.

The Center for Public Integrity’s Susan Ferris has the story. Here are some clips:

An unprecedented new California funding plan is poised to distribute billions across the Golden State, which has long been beleaguered by inequities in educational support in low-income communities and waves of budget cuts in more recent years. Earmarked funds are supposed to be slated specifically for low-income and foster-care kids, as well as students classified as still learning English as a second language.

In a June 6 letter to the Los Angeles Unified School District, Los Angeles County Presiding Juvenile Court Judge Michael Nash said this particular pot of money should not be diverted to support the L.A. district’s own school police force, which has an annual budget of around $57 million.

Nash expressed “great respect” for recent efforts to reduce school suspensions and referrals to police, but said he did “not see a reasonable nexus between law enforcement and specifically improving the educational experience and outcomes for our most vulnerable student populations.”

“On the contrary,” the judge said, “there has been a wealth of research that indicates that aggressive security measures produce alienation and mistrust among students which, in turn, can disrupt the learning environment.

“This explains why, as part of a nationwide discipline reform process that has gained significant traction of late, there is a specific focus on reducing police involvement in routine school discipline matters,” Nash wrote.

[SNIP]

In another letter to the district in April, a group of legal aid and community groups involved in school-discipline reform in California praised the L.A. district for proposing to direct $37 million of the new supplemental funds to 37 of the district’s most troubled middle and high schools.

But the groups also objected to the idea of diverting more than $13 million to L.A. school police, for the same reasons as Nash. The groups additionally protested that the district’s draft proposal initially allocates only $2.6 million for certain methods of managing student clashes and misbehavior known as “restorative justice” counseling.

Restorative justice methods are key to the L.A. district’s own adopted “School Climate Bill of Rights,” the groups noted. That bill of rights aims to reduce suspensions and referrals of students to police for fights or misbehavior. The relatively modest proposed spending to hire a relative handful of counselors to lead this effort is “extremely disturbing,” the letter says.

The groups asked for many millions more to be invested in such counseling, including all the $13 million slated for police. But no additional money for restorative justice appears in the latest version of the plan.


SANTA ROSA SCHOOLS SAVE MONEY AND KEEP KIDS IN SCHOOL WITH RESTORATIVE JUSTICE

While the LAUSD is only earmarking $2.6M for restorative justice next year, there are plenty of examples across the state (and country) of schools using restorative justice to lower suspensions and expulsions, keeping kids in class and saving money.

The Santa Rosa City Schools District spent $125,000 implementing restorative justice practices at two schools during the 2013-14 year. With a small investment and a citywide push for more effective school discipline, Santa Rosa Schools cut total suspensions and expulsions nearly in half and saved $550,000 in ADA (average daily attendance) money.

The Press-Democrat’s Susan Kinder has the story. Here are some clips:

Santa Rosa schools were suspending and expelling students at a much higher rate than most schools in the state. In fact, in the 2011-12 year, Santa Rosa schools had the fourth highest rate of suspensions per capita in the state.

Eager to find a different approach to school discipline, the Santa Rosa school board did its research and wanted to implement restorative justice, a nationally recognized method of conflict resolution that often involves meeting in restorative circles — with victims, offenders, students, teachers, parents and administrators — in an effort to repair the harm, make amends and get to the very core of the problem.

[SNIP]

In the 2013-14 school year, Restorative Resources served 219 students in suspension diversion program and 188 students in expulsion diversion programs.

At Elsie Allen High School, suspensions were down 60 percent, with 25 suspensions this year compared to 62 suspensions in 2012-13…

At Cook Middle School, suspensions were down 67 percent, with 27 suspensions in 2013-14 compared to 82 suspensions in 2012-13.

But the reduction in suspensions and expulsions was not limited to these two schools. It was part of a districtwide trend that added up to huge suspension and expulsion reductions this year and a total savings of more than $550,000 in ADA (average daily attendance) money.

The savings in suspension diversion in 2013-14 amounted to $340,976. This school year, 1,863 students were suspended for 3,558 days at a cost of $304,173 in lost ADA money. In the 2012-13 school year, 3,206 students were suspended for 7,546.5 days at cost of $645,150.

The savings from expulsion diversion in 2013-14 amounted to $213,840. This year, only three students were expelled at a cost of $40,920. In the 2012-13 school year, 53 students were expelled at cost of $254,760.


STUDY: CALIFORNIA A LEADER IN THE SCHOOL DISCIPLINE CONVERSATION

Although many California schools still lag behind in reforming harsh discipline policies, overall, California is high on the list of states swapping out zero tolerance policies and narrowing the racial gap, according to an important new report released Thursday by the Council of State Governments Justice Center.

Susan Frey of EdSource has more on the issue. Here’s a clip:

“Research and data on school discipline is clear,” according to a synopsis of the 400-page report, School Discipline Consensus Report: Key Findings, Recommendations and Examples of Action. “Millions of students are being removed from their classrooms each year, overwhelmingly for minor misconduct. Students experiencing suspensions and expulsions are disproportionately nonwhite, disabled and students who identify as lesbian, gay, bisexual or transgender.”

Suspending students, particularly for minor offenses, is a serious issue because it “substantially increases the likelihood they will fall behind academically, drop out and enter the juvenile justice system,” according to the report.

California’s recent efforts to reduce suspensions and encourage more positive approaches to discipline puts the state “at the top of the list together with a handful of other states” in promoting a healthy school climate, said Michael Thompson, director of the Justice Center.

“California has become a real leader in this conversation,” Thompson said. “Top policy makers and school officials have made a positive school climate a priority.”

At the unveiling of the report in Los Angeles on Thursday, one of the policy makers who has been leading efforts to reform school discipline policies, Roger Dickinson, D-Sacramento, said the report is important because it represents a consensus-based approach “for all of those who have an investment in making sure young people stay in school.”

The report involved more than 100 advisers representing policy makers, school administrators, teachers, behavioral health professionals, police, court leaders, probation officials, juvenile correctional leaders, parents and youth across the country. Another 600 individuals shared examples of promising practices that are outlined in the report, which took three years to complete.

In conjunction with the release of the national report, The Center for Civil Rights Remedies on Thursday provided an analysis of state data that showed that 500 out of 745 California school districts reduced out-of-school suspensions between 2011-12 and 2012-13. Although African American students were still over-represented, the racial gap is narrowing, the center reported. The results included only the 745 districts that had discipline data for both years and excluded county offices of education, according to the center, which is part of the Civil Rights Project at University of California, Los Angeles.

The center also reported an overall reduction in suspensions by 14 percent and a 24 percent reduction in suspensions for willful defiance, which has been criticized as being too subjective and for being used disproportionately with African American students. Dickinson has introduced a bill, Assembly Bill 420, this legislative session to limit the use of willful defiance suspensions. A similar bill passed the Legislature last year but was vetoed by Gov. Jerry Brown. Dickinson said he is working with the governor to get his support of the current bill.


…BACK TO THE LAUSD BUDGETARY ISSUES

While the LAUSD plans to increase the $57 million school police budget to $70 million, still another subset of students are being underserved. A recent study found that 8 in 10 kids attending LA’s high-poverty schools had experienced three or more traumatic events during the previous year, yet the mental health budget allows for just one counselor per 2,200 LAUSD students.

This means that nearly the only kids actually receiving school counseling are the those whose circumstances are so extreme the district is required to treat them under federal law.

The new California funding plan will allow LA to hire 97 new counselors (but almost all of them are going to a few schools to settle a lawsuit and increase services for foster kids).

The state will also be spending an extra $50 million on “wellness centers” to provide a number of mental and physical health services to students both on and off campus.

KPCC’s Annie Gilbertson has more on the issue in part two of her series on poverty in LA schools. Here’s a clip:

The district currently employs about 300 psychiatric social workers to serve roughly 800 schools — a ratio of about 2,200 students to one counselor.

As researchers work to solve one of the most persistent problems in public education – why kids in poor neighborhoods fail so much more often than their upper-income peers – more and more they’re pointing the finger at what happens outside the classroom.

Shootings. Food insecurity. Sirens and fights in the night. Experts are finding that those stressors build up, creating emotional problems and changes in the brain that can undermine even the clearest lessons.

In a recent study at high-poverty schools, L.A. Unified officials found that eight in 10 kids had suffered three or more traumatic events in the preceding year alone.

One solution cropping up at a smattering of schools across the country: school-based therapy.

“These children need to feel empowered to be able to feel like they are agents of their own change,” said Dr. Victor Carrion, a professor and psychiatrist at UC Berkeley who’s working on interventions for kids suffering from what’s become known as toxic stress.

“They are going to have themselves for the rest of their life,” he added, “so the best thing they can have is to be equipped to manage traumatic stressors later in life.”

But at the Los Angeles Unified School District, counseling services have been in decline for years.

The issue is money.

Between 2008 and 2013, L.A. Unified lost $2.8 billion in overall funding from the state. School board member Steve Zimmer said it was a battle just holding on to teachers.

“We had a cataclysmic experience in the district with the budget. Everything that was, is no more,” Zimmer said.

A lot of people lost jobs: teachers, librarians, custodians. And counselors.

During those recession-era cuts, prevention and early intervention funds for mental health services all but disappeared said Pia Escudero, director of school mental health at L.A. Unified.

Now, she said, her staff’s caseload consists almost entirely of students whose problems are so severe the district is required to treat them under the federal Individuals with Disabilities Education Act.

Students…aren’t likely to see a school counselor unless they get so sick a psychiatrist diagnoses them as emotionally disturbed.

“You are always summoned to put out fires versus really embedding programs,” Escudero said.

The financial tide is only now starting to turn at L.A. Unified.

California is sending more money to schools to help the neediest students. L.A. Unified will see its budget increase by $332 million next year for a total of about $6.8 billion. But that still leaves the district – and California – near the bottom of school funding in the nation.

Even with the influx of cash, very few students will see a counselor.

The district is adding 97 counselors, but they’re going to a select group of schools to settle a lawsuit, and to help foster kids stay on track.

Yet Escudero said the need across the district is overwhelming…

Read on.


EFFECTS OF INCARCERATION ON KIDS WITH PARENTS BEHIND BARS

Having an incarcerated parent is one significant source of trauma for kids in Los Angeles and across the nation, but is largely under-researched. A recent National Academy of Sciences study on the rise of the national incarceration rate takes a look at the effects incarceration has on kids (and families) with a locked up parent.

NPR’s All Things Considered has more on the report. Take a listen, but here’s a clip from the accompanying story.

Jeremy Travis, one of the authors of the National Academy of Sciences report, says despite the rate of incarceration quadrupling over the past four decades, no one has really studied its effects on the family — especially kids — before.

“This is an important social question which is not getting enough attention from the research community — not because there is not enough interest, but because we’ve not been willing to pay for it,” Travis says.

Travis says the numbers of kids with an incarcerated parent is “staggering.” He says in the 1970s there were about 350,000 minors with a parent in prison; now, it’s well over 2 million.

“That simply tracks [with] the fact that we’re putting more people in prison,” he says. “And the consequences of that are pretty profound, we think, although they’re not as well documented as they should be.”

What we do know, he says, is that there are higher rates of homelessness among families when the father is in prison, poor developmental outcomes for the children in those families, and that there’s greater family instability in those families.

Travis says the children in those families often end up in foster care and have difficulties in school forming attachments with their peers. All of those difficulties, he says, present challenges for the communities, social workers, educators and family members who want to support that child through such a difficult time.

The first step, he says, is that we should have fewer people in prison, but it is more complicated than that.

“We will always have people in prison, and we should pay attention to the collateral consequences of incarcerating … parents,” Travis says.


EDITORIALS: REAPPOINTING LAPD CHIEF BECK SEEMS OBVIOUS, BUT COMMISSION SHOULD STILL CONDUCT THOROUGH REVIEW

Starting this week, public hearings will be held throughout the month on whether or not LAPD Chief Charlie Beck should serve another five-year term. The Police Commission will then have until August 20 to decide to reappoint Beck or end his term.

Two LA Times editorials take a look at how Beck has served the department and the city and give suggestions on what the civilian commission should consider as it goes about making its decision.

The first editorial says that while Beck appears to be a “shoo-in,” the commission should not skim over the process, but should still examine the statistics, including crime rates over the last five years, complaints against the department, and arrests. Here’s a clip:

Beck is seeking reappointment at a time when the Los Angeles Police Department is free of major controversy and scandal. When he became chief, the LAPD was still under a consent decree the city had agreed to to avoid a lawsuit that would have dredged up the department’s sometimes sordid record of brutality and racism. Chief William J. Bratton embraced the requirements of that decree, and when Beck took over, he steered the department through the final reforms needed to end federal oversight. Crime has continued to decline under his leadership, with gang crime reduced by half. Community relations appear strong — the seething antipathy toward the department that was a fact of life just a decade or two ago no longer dominates the city’s concerns. To Beck’s credit, the LAPD has managed this despite budget constraints, including a cost-cutting policy that keeps some 400 officers home each day rather than pay them overtime.

Given all that, Beck would seem to be a shoo-in for reappointment. It would, however, be wrong for the commissioners to skip through this process. This is an opportunity for the commission to take stock of its chief and imagine the future of the department. It should start by looking at the numbers.

Crime. Last year marked the 11th in a row that crime decreased in the city. Crime has declined in good economic times and bad, and those who deny the role of police in this revolutionary trend are arguing against facts. Los Angeles added officers in those years, and tailored policing strategies to address crime. The result: The number of serious and violent crimes in 2008, the year before Beck took office, was 127,374. The number last year was 100,521. That means that 27,000 Angelenos were spared a misery last year. No one should be cavalier about how much that affects the life of a city.

Yes, it’s true that other forces influence crime, and yes, crime was declining before Beck’s tenure, but the number of violent crimes and major property crimes has continued to drop each year. There are some on the City Council and elsewhere who continue to question whether the police played a significant role in those numbers, and thus whether the city could allow the department to shrink. They’re wrong. Some cities — Chicago, for instance — have seen a resurgence in violence of late, while smart policing has made Los Angeles safer. Indeed, the LAPD’s achievements in this area are all the more noteworthy given the overtime cuts. Beck deserves credit for balancing the department’s budget without sacrificing safety…

Read the rest.

The second editorial says that although there are no strong guidelines for the commission must follow in its decision-making process, it should take cues from the history of the process and the reasons recent chiefs—Williams, Parks, and Bratton—were either reappointed or replaced at the end of their first five years. Here’s a clip:

The current system for naming, retaining and replacing chiefs grows out of the breakdown of civilian oversight of the department in the early 1990s. In those days, Chief Daryl F. Gates and Mayor Tom Bradley feuded nastily, and their mutual dislike was stoked by the controversy that engulfed Los Angeles after the release of a videotape showing LAPD officers beating Rodney G. King in 1991. By the time of the riots in 1992, the two had not spoken for more than a year.

The Christopher Commission, named for Los Angeles attorney (and future U.S. secretary of State) Warren Christopher, concluded that the chief was too unaccountable to the city’s civilian Police Commission, which was supposed to set policy for the LAPD and to supervise its chief. Partly to blame, the Christopher Commission concluded, were civil service protections that in effect created a “chief for life.” Instead, the commission recommended that chiefs be limited to 10 years in office, with a midpoint review. Voters approved that change as a charter amendment over Gates’ furious objections — indeed, on the night that the riots broke out in 1992, Gates was attending a fundraiser to defeat the amendment.

At the same time that the Christopher Commission was trying to put limits on a chief’s tenure, it also wisely suggested that it should be the norm for chiefs to serve the full 10 years. Its final report described the structure as a single term broken into “two five-year increments.” And though the Police Commission was given broad authority to get rid of a chief who had lost its confidence, the midpoint review was intended as an opportunity for a course correction when something was going wrong, not as a routine opportunity to make a switch. That was meant to strike the balance between accountability and stability, both important for leading an organization as complex and powerful as the LAPD.

Since then, three chiefs have applied for renewal. Two, Willie L. Williams and Bernard C. Parks, were denied the additional five years; one, William J. Bratton, was given the extra time. Their experiences are instructive and should guide the commission.

By 1997, with Williams approaching the end of his first five years, there was a strong consensus among the city’s political leadership that he had failed. Though he had helped patch up the LAPD’s relations with parts of the city, notably among blacks, the department’s performance measures were mixed and its leadership was demoralized. Most significant, Williams lost the commission’s confidence when he lied about accepting free accommodations from a Las Vegas hotel.

Parks’ case was more difficult…

Posted in Education, LAPD, LAUSD, mental health, Restorative Justice, Zero Tolerance and School Discipline | 1 Comment »

The #myNYPD Twitter Disaster, Shortage of Foster Parents for Kids with Higher Needs, Problems with New Clemency Initiative…and More

April 28th, 2014 by Taylor Walker

#MYNYPD SOCIAL MEDIA CAMPAIGN BACKFIRES

Originally intended to inspire Twitter users to share nice pictures of the New York police force interacting with the communities they serve, the Twitter publicity campaign, #myNYPD, set off an explosion of tweets depicting aggressive arrests and alleged abuses of power by officers. Once the campaign turned sour, it spread to other cities across the nation, including Los Angeles. This isn’t the first Twitter failure of its kind (nor is it likely to be the last).

NPR’s Rachel Martin talks to professor Zeynep Tufekci (of the Berkman Center for Internet and Society at Harvard) about this particular botched Twitter publicity stunt and others like it, and the learning opportunity they provide. Here’s a clip:

MARTIN: So the NYPD has been trying to get into the world of social media more aggressively recently. What went wrong with this particular effort?

TUFEKCI: Well, what went wrong is that social media doesn’t function like old-style public relations, where you could just push a message and not expect to hear back. What happens is, if people have something they want to say to you, they will say it back to you.

This is not the first time this happened. McDonalds tried the same thing with #McDStories as a hash tag and in fact, they paid to promote it. And people told their own McDonald’s stories that were far from flattering to McDonald’s. So this is something that is a reality in the 21st century. If people want to talk back to you, and you wade into the places where they can talk back, they will. It doesn’t work like television.

MARTIN: Last year, the financial services firm JPMorgan Chase created the hash tag #AskJPM. And they found themselves hit with a deluge of negative questions along the lines of – did you always want to be part of a vast corrupt criminal enterprise or did you break bad? So again, what are we seeing – the same kind of mistakes being repeated by corporations when it comes to social media?

TUFEKCI: Well, one way to look at it as mistakes, from a public relations point of view. But if you look at it from a civic point of view, it’s actually – rather than mistakes, it’s an opportunity for reality of perception to break through.

As for JPMorgan’s precedent-setting, positive PR-seeking catastrophe, here is a video of actor Stacy Keach reading #AskJPM tweets:

(For more on JPMorgan’s failed Q&A session, we recommend this Rolling Stone story by Matt Taibbi.)


“THERAPEUTIC FOSTER CARE” AND THE SCARCITY OF PEOPLE WILLING TO FOSTER KIDS WITH MENTAL AND BEHAVIORAL PROBLEMS

The LA County Department of Children and Family Services struggles to come up with suitable foster parents for the 18,000 kids in the system—period. Even more difficult than finding placements for foster kids in general, is finding homes for the approximately 300 kids with severe mental and behavioral health issues, designated as requiring “therapeutic foster care.” The majority of these kids in need of foster parents willing to go above and beyond, end up in group homes.

Potential foster parents who participate in the DCFS “therapeutic foster care” program, have to go through 60 extra hours of training, but receive more resources, incentives, and help than other foster parents. And outcomes for kids who participate in the program are “spectacular,” says Mary Nichols, who runs the therapeutic program.

KPCC’s Rina Palta has more on the issue. Here’s how it opens:

There’s a severe lack of homes for L.A. County’s most vulnerable foster children. And each day the county fails to find a home for them is another day it violates a federal court order.

That’s according to the Department of Children and Family Services (DCFS), which is desperately trying to find homes for kids with mental health needs, who have been traumatized by family violence, and have been bumped around the foster care system. This group is at particularly high risk of dropping out of school, abusing drugs, and incarceration.

Nearly 18,000 children are currently in foster care in Los Angeles County. Of those, DCFS has identified about 300 who have severe mental health and behavioral problems — children who qualify for a relatively new program known as “therapeutic foster care.” In 2008, the county started the program in response to a federal court order to move kids with mental health problems – but not so severe that they need hospitalization – out of institutional-style group homes and into family homes.

The problem is there aren’t enough foster parents willing to participate in the program. At this point, there is room for 102 children in the system. The need has grown so dire that six family foster care agencies — who usually compete for parents — have banded together in a recruitment campaign to find homes for these children with special needs.


PROBLEMS NOT ADDRESSED BY THE DOJ’S NEW, BROADER CLEMENCY APPLICATION CRITERIA

Last week we linked to a new Department of Justice clemency initiative (here, and here) that will widen the pool of federal prisoners that can apply for a presidential pardon—namely non-violent drug offenders sentenced under old laws.

While this is a step in the right direction, ProPublica’s Kara Brandeisky points to several problems within the clemency system that the new initiative and application criteria fail to address.

Here’s a clip from just one of the issues:

The new criteria apply to inmates who are serving federal sentences that are longer than sentences that would likely be given today. To be fast-tracked for commutation consideration, inmates must have served 10 years of a sentence for a non-violent crime. They must also be low-level offenders without gang affiliations who have demonstrated good conduct.

The Justice Department has identified about 23,000 prisoners serving sentences of 10 years or more, but it’s unclear how many of these inmates meet the other criteria. If inmates do not meet all the criteria, they may still apply for early release, but their applications will not be given priority.

Some prisoners convicted under older, harsher sentencing rules who haven’t yet served 10 years won’t be eligible. Vanita Gupta, deputy legal director at the ACLU, said that’s why Congress should pass the Smarter Sentencing Act, which would let courts reduce sentences for prisoners convicted under out-of-date laws.

Gupta said that while the new criteria are sensible, they should not be a substitute for congressional action. “Clemency has been grossly underutilized, but it’s not going to bring relief to everyone who should see relief,” Gupta said. “And it’s not going to change some of the laws.”

Read on.


LOS ANGELES SHERIFF DEBATE REMINDER

Los Angeles County Sheriff candidates (with the exception of Paul Tanaka) will square off in their latest debate tonight (Monday) at 6:00p.m. at the Ronald Deaton Auditorium. This particular debate is sponsored by the Professional Peace Officers Association. Further info can be found on the PPOA website.

Posted in DCFS, Foster Care, LAPD, LASD, Sentencing | 1 Comment »

$$ for Relatives Caring for Kids in the DCFS System, LASD Tightening Use-of-Force Policies & Putting Body Scanners in Jails….LAPD Commission Responds to Vehicle Camera Tampering….and Wolves

April 17th, 2014 by Taylor Walker

EDITORIAL: GIVE FINANCIAL ASSISTANCE TO RELATIVES CARING FOR CHILDREN IN THE CHILD WELFARE SYSTEM

California lawmakers are considering a bill that would funnel some CalWORKS money directly to relatives caring for children removed from their homes.

An LA Times editorial says this bill is a step in the right direction, but that more funding support should be given to grandparents and relatives caring for children in the DCFS system.

Here’s a clip, but go read the rest:

A little funding to allow a child to stay with relatives — $8,000 or so a year — is a drop in the bucket compared with the more than $100,000 a year it costs the public to maintain a child in a group home. And because children raised by family members have higher rates of graduation and lower rates of homelessness, drug abuse and arrest as adults, it’s smart policy to give grandparents and others living in retirement and on Social Security enough information and money on the front end to buy their young charges clothes and food and to pay for gas or bus fare to get to doctors and parent nights at school.

The Blue Ribbon Commission on Child Protection wisely argued in its draft final report that funding and services for a child removed from his or her parents should be determined by the child’s needs, not by the status of the placement family. State lawmakers are considering a bill — AB 1882 — that would go part of the way toward helping to direct funding to relative caregivers, and it’s a good start. But so much more could be accomplished in Los Angeles County if the Board of Supervisors would make child welfare a priority across all county departments and not just at the Department of Children and Family Services.


LASD REVAMPING USE-OF-FORCE POLICIES, AND REPLACING JAIL PAT-DOWNS WITH BODY SCANNERS

LA County Sheriff’s Department officials are attempting to really solve the problem of excessive force by revising the department’s use-of-force policies. Deputies will be held accountable not only for their actions during a force incident, but also for any negligent actions that trigger the physical conflict.

The department will also launch a pilot program to replace pat downs and invasive cavity searches in county jails with body scanners, in an effort to relieve tension between inmates and deputies. To start, two scanners will be placed at the Inmate Reception Center downtown.

The LA Daily News’ Thomas Himes has the story. Here are some clips:

Under the new policy, investigators will consider how officers acted prior to an incident when determining whether they acted properly. Previously, they were just supposed to focus on the moment when force was used.

“It’s so dramatic, it’s like an about-face from how this county has been doing it,” Supervisor Gloria Molina said.

Under the ruling, force could be deemed unreasonable if the deputy acted negligently leading up to an force incident, attorney Richard Drooyan told supervisors.

Drooyan, who’s been tasked with monitoring the sheriff’s implementation of recommendations made by the Citizen’s Commission on Jail Violence, said current department policies focus on the moment when force is used.

[SNIP]

The ruling may also increase the county’s potential liability from previous cases that are already headed toward litigation, prompting Molina to ask for a team of attorneys to review those cases again.

[SNIP]

…A major step forward in reducing jailhouse tensions will start testing Monday when the department puts a pair of body scanners to use at its Inmate Reception Center…

Once in place, [Assistant Sheriff Terri] McDonald said, the scanners will allow inmates to avoid physical searches, while more effectively keeping drugs and other contraband out of jails.

“It allows them in a more dignified way to be subjected to a search,” McDonald said.


LAPD COMMISSION NOT PLEASED WITH LACK OF ACCOUNTABILITY REGARDING IN-CAR CAMERA TAMPERING

Last week, we pointed to a story about LAPD officers’ unauthorized dismantling of 80 in-car video cameras, and the subsequent failure of LAPD officials to investigate. (While it is no excuse, a story on the LAPD union’s blog provides some extra context.)

On Tuesday, LAPD officials, including Chief Charlie Beck, had to answer to the department’s civilian oversight commission regarding the lack of accountability and department transparency displayed in handling the issue.

KPCC’s Erika Aguilar has the story. Here’s a clip:

Commissioner Kathleen Kim was especially troubled by the lack of accountability.

“The inability to investigate is probably as troubling as the incident itself,” Kim said. “Because the ability to investigate serves as a deterrent for these kinds of things happening in the future.”

[SNIP]

An investigation into the missing antennas didn’t lead to any disciplinary action against individual officers or supervisors. LAPD commanders told the police commission Tuesday it would be difficult to single out misconduct among the 1,500 officers at the South Bureau. That’s because officers on different shifts share patrol cars and they are often transferred in and out of the bureau.

“For me personally I didn’t see the potential for an outcome of holding anybody accountable,” said deputy chief Robert Green, in charge of LAPD’s South Bureau.

Green said he put all his officers on notice: “to make sure that they understood the importance of digital in-car video, the importance of the perception of missing antennas and the fact that if an antenna or a part of the system was tampered with, it was considered very, very serious misconduct.”

With president Steve Soboroff absent Tuesday, police commissioners Paula Madison, Robert Saltzman and Kim took turns questioning three high-ranking LAPD officials, including Chief Beck. They asked why individuals were not held accountable for the tampering and why the department didn’t notify the police commission sooner of the problem.

Deputy Chief Stephen Jacobs took responsibility for not notifying the L.A. Police Commission’s inspector general of the problem, calling it as an oversight and not an intentional act.

“The simple answer is this: If the commission believes that it was not notified correctly, then the commission is right,” Beck said.


CALIFORNIA WOLF NEWS

On Wednesday, the California Fish and Game Commission considered placing the gray wolf on the endangered list, in anticipation of a future generation of the wolves in the state. (Back in the early 1900′s California wolves were killed off by hunters. When the Oregon gray wolf, OR-7, crossed the border in 2011, he was the first wild wolf in California since 1924.)

The commission opted to delay the decision for another 90 days in order to hear more public comment on the issue.

The AP’s Scott Smith has the story. Here’s how it opens:

While much of the country has relaxed rules on killing gray wolves, California will consider protecting the species after a lone wolf from Oregon raised hopes the animals would repopulate their historic habitat in the Golden State.

The California Fish and Game Commission on Wednesday postponed for three months a decision on whether to list the gray wolf as endangered. Commissioners heard impassioned arguments from environmentalists who want the wolves to again to roam the state and from cattle ranchers who fear for their herds.

“I think we made them blink,” said Amaroq Weiss of the Center for Biological Diversity, which leads the push for protection. “I think they heard our arguments.”

State wildlife officials say they don’t support the listing because wolf packs haven’t roamed in California for nearly a century and there’s no scientific basis to consider them endangered.

Recent interest in protecting the species started in 2011, when one wolf from Oregon — called OR-7 — was tracked crossing into California. The endangered listing has been under review for the last year.

[SNIP]

Wildlife officials oppose the listing because wolves have been absent from California, so researchers have no way of measuring threats or the viability of the animal in the state, said Eric Loft, chief of wildlife programs for the Department of Fish and Wildlife.

Yet, the animal is iconic of the western landscape and California could easily become the home to functioning wolf packs within a decade, said Chuck Bonham, director of the wildlife agency.

The hearing was in Ventura. Hopefully the next will be in reasonable driving distance of certain wolf-loving Los Angeles residents.

Posted in DCFS, Foster Care, LA County Board of Supervisors, LA County Jail, LAPD, LAPPL, LASD, wolves | No Comments »

Isolation’s Effects on Kids…LAPD Motorcycle Officer Christopher Cortijo Has Died…Dismantled LAPD Dash-Cam Update…What’s Really Blocking Child Welfare Reform…and a New Prison Overcrowding Compliance Officer

April 10th, 2014 by Taylor Walker

CHILD PSYCHIATRIST SAYS LOCKING KIDS IN SOLITARY IS “THE ULTIMATE MESSAGE THAT WE DON’T CARE FOR YOU”

Dr. Bruce Perry is a child psychiatrist and senior fellow at the ChildTrauma Academy, who has consulted on Columbine, Hurricane Katrina, and several other catastrophic events involving children.

In a Q&A with Trey Bundy of the Center for Investigative Reporting, Dr. Perry explains in clear terms why solitary confinement is so psychologically damaging to the kids unlucky enough to get locked inside.

Here’s a clip:

We hear a lot of stories about prolonged isolation, but what are the effects of just a few days of solitary confinement on kids?

They end up getting these very intense doses of dissociative experience, and they get it in an unpredictable way. They’ll get three days in isolation. Then they’ll come back on the unit and get two days in isolation. They’ll come back out and then get one day. They end up with a pattern of activating this dissociative coping mechanism. The result is that when they’re confronted with a stressor later on, they will have this extreme disengagement where they’ll be kind of robotic, overly compliant, but they’re not really present. I’ve seen that a lot with these kids. They’ll come out, and they’re little zombies. The interpretation by the staff is that they’ve been pacified. “We’ve broken him.” But basically what you’ve done is you’ve traumatized this person in a way that if this kid was in somebody’s home, you would charge that person with child abuse.

Kids in isolation must lose all sense of control. What’s the impact of that?

One of things that helps us regulate our stress response is a sense of control. With solitary, when you start to take away any option, any choice, you’re literally taking somebody with a dysregulated stress response system, like most of these individuals in jail, and you’re making it worse. The more you try to take control, the more you are inhibiting the ability of these individuals to develop self-control, which is what we want them to do.

How does it affect a kid’s sense of self-worth to be locked away from everyone else?

Most of these kids feel marginalized to start with. They feel like they’re bad, they did something wrong, they don’t fit in. And isolation is essentially the ultimate marginalization. You’re so marginalized you don’t even fit in with the misfits, and we are going to exclude you from the group in an extreme way. In some ways it’s the ultimate message that we don’t care for you. We are neurobiologically interdependent creatures. All of our sensory apparatus is bias toward forming and maintaining relationships with human beings. When you are not part of the group, it’s a fundamental biological rejection.

Do go read the rest of this worthwhile Q&A.


WELL-LIKED LAPD MOTORCYCLE OFFICER CRITICALLY INJURED IN CRASH, HAS DIED

Christopher Cortijo, an LAPD motorcycle officer, who was struck on Saturday by a driver allegedly under the influence of drugs, has died.

Cortijo, who was assigned to DUI enforcement, was stopped at an intersection in North Hollywood when a driver hit his motorcycle, pinning him between her SUV and the Honda in front of him. Officer Cortijo lost the fight for his life Wednesday.

Our hearts go out to Cortijo’s family, friends, and fellow officers. The death of a law enforcement officer is an unimaginable loss for loved ones, but it is also a blow to the greater community.

The LA Daily News’ Brenda Gazzar and Kelly Goff have the story. Here’s a clip:

Officer Christopher Cortijo was a 26-year police veteran who was assigned to DUI enforcement. He was gravely injured and went into a coma after a Chevy Blazer slammed into his motorcycle, which was stopped at a red light at Lankershim Boulevard and Saticoy Street, around 5:30 p.m. Saturday.

The driver, a Pacoima woman whose license had expired years ago, was arrested on suspicion of driving under the influence of drugs. After several days in the Intensive Care Unit at Providence Holy Cross Medical Center, with officers or family at his bedside around the clock, Cortijo was taken off his ventilator on Wednesday, officials said.

The 51-year-old North Hollywood resident, who had served in the U.S. Marines, was married with adult children.

“It’s a tremendous sadness for all of us,” Deputy Chief Jorge Villegas, who oversees the LAPD’s Valley Bureau, said in a telephone interview. “He was not only a great officer, but a great person. Everyone’s thoughts are with his family. His family will be our family forever.”

About 100 officers lined the walkway outside the ICU at Providence in Mission Hills as Cortijo’s body was taken to the coroner’s van, wrapped in a flag. Nurses similarly lined the hallways inside the building, according to hospital spokeswoman Patricia Aidem.

Police Chief Charlie Beck and Mayor Eric Garcetti, flanked by about a dozen LAPD motor officers who worked with Cortijo, spoke to reporters late Wednesday afternoon in downtown.

“I was devastated when I heard the news,” Garcetti said. “My heart sank when the chief called me.”

Garcetti said Cortijo’s death was a reminder of the “sacrifice that our bravest heroes make.”

Garcetti said he ordered city flags lowered to half-staff in Cortijo’s honor.

Cortijo was twice named Officer of the Year as a motorcycle cop, Beck said. He arrested more than 3,000 people driving under the influence during his career, Beck said.

“The ultimate irony is that Chris spent his life keeping all of us safe from people who drive under the influence of drugs and alcohol,” Beck said.


IN OTHER LAPD NEWS…

Yesterday, we pointed to a story about the unauthorized dismantling of 80 LAPD in-car surveillance cameras, and the subsequent failure of LAPD officials to investigate.

Gary Ingemunson, independent counsel for the LAPD union (the Los Angeles Police Protective League), has a story from February on the union’s blog that gives a little bit of extra context—another piece of the puzzle. Ingemunson says that many officers feel the tool is being used against them unfairly, in instances other than “crime documentation and prosecution.”

Read Ingemunson’s story about an officer who was punished for an accident that would have likely been considered non-preventable, if not for a questionable conversation he had with his partner (recorded by the dash-cam) right before the collision.

Here’s a small clip:

The accused officer and his partner engaged in a conversation that higher management did not like and felt reflected on the cause of the accident. This, of course, ignores another special order regarding the DICVS. Special Order 45 states “The Digital In Car Video System is being deployed in order to provide Department employees with a tool for crime documentation and prosecution and not to monitor private conversations between Department employees.”

While it does not excuse the officers who tampered with the cameras, it raises an issue that management might want to think about.


BUREAUCRACY IS THE TRUE KILLER OF DCFS REFORM

Later this month, the Blue Ribbon Commission on Child Protection, established by the LA County Board of Supervisors, will present their final report, chock-full of recommendations for reforming the dysfunctional Department of Children and Family Services. But these recommendations may not be all that new. The commission found 734 recommendations presented over the years, either not in play at all, or stuck in the beginning stages of implementation.

On March 28, at second-to-last meeting of the LA County Blue Ribbon Commission on Child Protection, commission-member Andrea Rich said that bureaucracy, itself, is what’s blocking past and present child welfare reforms.

Two members of the Board of Supervisors (Zev Yaroslavsky and Gloria Molina) are terming out and new faces will take their seats. Two years from now, two more supervisors will be replaced (Michael Antonovich and Don Knabe).

The LA Times’ Robert Greene says this change-up is a real opportunity for reform, if only the supervisor candidates will rise to the challenge. Here’s a clip:

“Bureaucracies not carefully managed and consistently improved have characteristics that are destructive to client-oriented services, impede innovation, stifle efforts at self-improvement,” she said. “This sort of narrow span of control and bureaucratic risk-aversion typical of the bureaucratic process constantly thwarts efforts toward meaningful reform. And we’ve seen it over and over in our studies here and in testimony.”

Commission Chairman David Sanders also headed an L.A. County department – the often-criticized Department of Children and Family Services – but he said Monday that he was surprised at the extent of the dysfunction he saw from his new perspective compared with what he saw at DCFS.

Translation: The county is messed up. Efforts to reform the child protection system are doomed without a thorough overhaul – not of DCFS but of the entire county governmental edifice, the way it thinks and the way it works.

So how can that kind of overhaul happen? There are two ways to answer the question. One way is to look at the list of 734 recommendations for improving the child protection system offered to the Board of Supervisors and various county departments over the years that the commission found gathering dust on shelves or at best stalled in some early stage of implementation, and conclude that county government is hopeless.

The other is to look at the looming change in county leadership, with two of the five supervisors leaving office this year – the first time there has been that sweeping a change since Michael D. Antonovich ousted Baxter Ward and Deane Dana booted Yvonne Burke a generation ago, in 1980 – and candidates vying to replace them. Antonovich, still serving on the Board of Supervisors 34 years later, and Don Knabe, who succeeded his boss and mentor Dana, will likewise be replaced in two years.

Los Angeles County can have the exact same government and culture with slightly different faces, or it can embrace an opportunity for new thinking.

It’s fine for candidates to talk about how they would hire more child social workers, although the county is already on track to do that. Or how they would change deployment, although those kinds of changes are constantly discussed and always seem to be in the works.

In the view of the commission – this is preliminary, because the final report is yet to be adopted – there is an even more global mandate, and while members of the panel may insist that their recommendations are all about ensuring child safety, a closer look suggests that they go to the heart of numerous challenges that this big, awful bureaucracy faces in order to accomplish anything: Explicitly define its mission; put someone in charge of executing it; measure success and failure.

Sitting supervisors may well protest that these things are already being done, and candidates may be puzzled at marching orders that sound more like a homework assignment in an MBA student’s organization behavior class than social work.

But that’s the point. The county has grown and segmented itself so quickly that it has lost its sense of priorities; or rather, its sense of priorities is set by news headlines, scandals, outrages and political campaigns.

Read the rest.


CALIFORNIA GETS A NEW PRISON POPULATION COMPLIANCE OFFICER

On Wednesday, federal judges named Elwood Lui California’s prison population “compliance officer.” Lui, a former associate justice of the California Court of Appeal, has been tasked with releasing prisoners if the state fails to comply with the judges’ population deadlines throughout the next two years. (Backstory here.)

The Sacramento Bee’s Sam Stanton has the story. Here’s a clip:

Lui was one of two candidates for the position suggested by lawyers representing the state. He has agreed to serve without compensation but to have reasonable expenses reimbursed, according to the order from the panel issued Wednesday afternoon…

The judges originally ordered California in 2009 to cut its inmate population to 137.5 percent of capacity, but appeals delayed that and resulted in the Feb. 10 order giving the state two more years to comply.

The February order also gave the compliance officer authority to release the necessary number of inmates to ensure that California meets the court-ordered deadlines.

The compliance officer now has the authority to release inmates if the prison population is not cut to 143 percent of capacity by June 30 (or 116,651 inmates); to 141.5 percent by Feb. 28, 2015 (115,427 inmates); and to 137.5 percent a year after that (112,164 inmates).

Posted in DCFS, Edmund G. Brown, Jr. (Jerry), juvenile justice, LA County Board of Supervisors, LAPD, prison, solitary | No Comments »

LA Sheriff’s Debaters Finally Start to Draw Blood…. & More

April 9th, 2014 by Celeste Fremon


If we are to judge by the last two debates featuring the men who hope to become the next LA County sheriff,
there is not a whole lot of difference between the candidates when it comes to…..well…just about anything.

They are all for a civilian oversight body to monitor the department, even if they differ on what legal powers that body should have. (And Pat Gomez would eliminate the newly-created but power-lite position of Inspector General altogether.) They think term limits for the office of sheriff would be swell. (They’d go for three terms.) They adore community policing. No, they don’t want to do ICE’s job for it. They’re longing for accountability, transparency, and to restore the public trust. They believe in educating people when they’re in jail. They would all rehire Assistant Sheriff Terri McDonald, the Baca hire from the CDCR who is presently overseeing the department’s custody division.

And so on.

For a while, at the Tuesday night debate hosted by Loyola Marymount University, it was more of the same, despite the very capable efforts of the debate moderator, LMU prof Fernando Guerra.

Yes, some of the candidates brought up variations on the theme that showed they’d thought deeply on this or that topic, and were not merely a Johnny Come Lately.

There was also a little bit personal sniping. For instance, as it did on Sunday, the matter of who might or might not have ankle tattoos came up briefly. And Jim Hellmold attempted to set himself apart from the pack by repeatedly noting that he was the youngest of the candidates and implying that everyone else was…well…old.

Bob Olmsted had a bracing moment when the panel members were asked if there were deputy cliques or gangs within the organization.

“Absolutely we’ve got cliques,” he said, “and I’ve got some pictures.” With that Olmsted whipped out a couple of photos for the cameras filming the event, one showing a young Tanaka throwing a “C” for Carson sign while posed with a bunch of other then young department members. The second a photo of a drawing of a skull backed by a so called deadman’s hand, which is reportedly the tattoo design sported by members of one of the newer deputy gangs, the Jump Out Boyz.

But, mostly the sheriff hopefuls gave the impression that, when it came to the broad strokes of policy, there was more accord than difference.

Finally Guerra managed to break through the wall of sameness when he asked all six of the candidates to name what they saw as the number one scandal of all the department’s many problems.

(Only six were present as Lou Vince was absent)

Even then, for a minute it looked as though the group would homogenize this question too, when four in a row named the prime scandal as inmate abuse in the jails—although some gave edgier answers than others. (Tanaka and Hellmold both were reluctant to admit to any real corruption in the organization.)

Jim McDonnell said it was hard to choose, that there were so many scandals, and he talked of “the abuse of authority that’s been sanctioned up to the highest levels of the organization…”

Bob Olmsted too named abuse in the jails, but then he went further and said that the worst part of the whole thing was that the department hid what it was doing when the FBI began investigating, which resulted in indictments. “Three of the four supervisors out of the 20 who were indicted were from our criminal investigative unit. They were the ones who were supposed to be investigating, but they needed to be investigated and we were indicted.”

But it was Assistant Sheriff Todd Rogers who finally drew his metaphorical stiletto and began slashing.

“Well,” he said drolly without so much as a telltale glance at his neighbor, who happened to be Paul Tanaka, “I think smuggling bullet proof vests to Cambodia was a pretty big deal.”

Then barely pausing for breath he continued. “But in terms of the single most defining moment of corruption and mismanagement, I’m going to have to go with the Anthony Brown case where at the highest level of our organization ordered deputies sergeants and lieutenants to hide an informant from the FBI, to pretend that he was released from our custody…. And to change his name and move him from facility to facility to the FBI couldn’t find him. I think it’s reprehensible that we have deputies, sergeants and lieutenants who were following orders from the highest levels of the organization…

“I’m told that the previous occupant of my office was giving the direction to hide this inmate from the FBI.
Those people [who were ordered to do the hiding] are indicted for federal crimes and they’re facing trial starting this May. And those people who gave them the orders, who gave them the directions… are walking around free.

“That to me is the defining moment of corruption and mismanagement of the Los Angeles County Sheriff’s Department.”

Boo-yaa!

And while we’re on the topic of dutiful order-followers in a paramilitary organization facing having their lives wrecked, not to mention real prison time, while those who actually gave the orders are thus far facing exactly zero consequences….oh, FBI and U.S. Attorney’s Office, are you listening…? You do plan to go higher with your indictments, right? Right????


AND WHILE WE’RE ON THE TOPIC OF LAW ENFORCEMENT, THERE’S THE MATTER OF 80 OF THE LAPD’S SURVEILLANCE CAMERAS BEING DISMANTLED AND THE FAILURE OF DEPARTMENT BRASS TO INVESTIGATE

This is not a heartening story.

The LA Times Joel Rubin has the rest of the details. Here’s a clip:

Los Angeles police officers tampered with voice recording equipment in dozens of patrol cars in an effort to avoid being monitored while on duty, according to records and interviews.

An inspection by Los Angeles Police Department investigators found about half of the estimated 80 cars in one South L.A. patrol division were missing antennas, which help capture what officers say in the field. The antennas in at least 10 more cars in nearby divisions had also been removed.

LAPD Chief Charlie Beck and other top officials learned of the problem last summer but chose not to investigate which officers were responsible. Rather, the officials issued warnings against continued meddling and put checks in place to account for antennas at the start and end of each patrol shift.

Members of the Police Commission, which oversees the department, were not briefed about the problem until months later. In interviews with The Times, some commissioners said they were alarmed by the officers’ attempts to conceal what occurred in the field, as well as the failure of department officials to come forward when the problem first came to light.


ONE TIME BACA’S BIGTIME HOLLYWOOD PAL, BRIEFLY TURNED TANAKA PAL, IS NOW SHERIFF’S CANDIDATE JAMES HELLMOLD’S VERY, VERY HELPFUL PAL

The New York Post has the story. (And why aren’t local LA outlets reporting on this? Just curious.)

Here’s a clip:

Hollywood producer and financier Ryan Kavanaugh is pushing to make some changes to LA law enforcement after ruffling the feathers of former LA Sheriff Lee Baca.

The Relativity CEO was accused last year of improperly landing a helicopter on a Sheriff’s Department helipad while visiting Paul Tanaka — a former undersheriff who was planning to run for Baca’s office, and whom Kavanaugh was assumed to be backing. (The LA district attorney dropped any criminal investigation over the chopper flap.)

But last week, Kavanaugh instead threw a fund-raiser for rival LA County Sheriff candidate James Hellmold. The event was hosted at Kavanaugh’s hanger at the Santa Monica airport, where guests including Ron Burkle and Leonardo DiCaprio chatted with Hellmold and his wife.

Posted in 2014 election, Board of Supervisors, FBI, LA County Jail, LAPD, LASD, U.S. Attorney | 49 Comments »

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